With its increasingly secular and religiously diverse population Australia faces many challenges in determining how the state and religion should interact. Australia is not unique in facing these challenges. States worldwide, including common law countries with shared legal and religious heritages, have also been faced with the question of how the state and religion should relate to one another. Countries such as the United Kingdom, Canada, New Zealand and the United States have all had to grapple with how to manage the state-religion relationship in the present day. This book provides a comprehensive historical review of the interaction of the state and religion in Australia. It brings together multiple examples of areas in which the state and religion interact, and reviews these examples across Australia's history from settlement through to present day. The book sets this story within a wider theoretical context via an examination of theories of state-religion relationships as well as a comparison with other similar common law jurisdictions. The book demonstrates how the solutions arrived at in Australia is uniquely Australian owing to Australia's unique legal system, religious demographics and history. However this is just one possible outcome among many that have been tried in common law liberal democracies. (source: Nielsen Book Data) 9781138684539 20181210

Background to Australian anti-discrimination and equal opportunity law

Overview of Australian anti-discrimination and equal opportunity law

Direct and indirect discrimination

Positive approaches to non-discrimination

Race discrimination

Sex discrimination

Disability discrimination

Age discrimination

Carers' responsibility discrimination

Other protected attributes

Areas of unlawful discrimination

Harassment

Vilification

Victimisation

Procedure

Remedies

Discrimination and the Fair Work Act.

This new edition of Australia's most comprehensive book on anti-discrimination law has been fully revised and updated, re-written and reformatted to enhance its accessibility. It continues to offer both a substantial text for a specialist audience, and a powerful critique of anti-discrimination law in Australia. The authors support their analysis and explanation of legislation and case law with carefully selected extracts from a broad range of decisions, law reform reports, and academic writers and commentators. Key Features of the New Edition Revised introduction to and overview of Australian anti-discrimination law. New standalone chapters for Protected Attributes: Race Discrimination, Sex Discrimination, Disability Discrimination, Age Discrimination, Carers' Responsibilities and Other Protected Attributes. Detailed account of legislative reform and developments in case law, in all nine jurisdictions, up to late 2017. An account of changed complaints procedures under the Australian Human Rights Commission Act, and of the case law and public debate that triggered the changes. (source: Nielsen Book Data) 9781760021559 20180723

Free trade as an Australian constitutional value : a functionalist approach to the interpretation of the economic constitution of Australia / Gonzalo Villalta Puig.

Vigorous debate exists among constitutional scholars as to the appropriate `modalities' of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or `values'. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach. This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court's approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia's constitutional system. (source: Nielsen Book Data) 9781509918409 20180820

This is the new and fully updated edition of the acclaimed and authoritative book on Australian constitutional law. Fresh material reflects the contemporary approach of the High Court including its emphasis on statutory interpretation as a tool of constitutional analysis. The book has also been fully revised and updated for major High Court and overseas decisions, including McCloy v New South Wales, Williams v Commonwealth (No 2), the Brexit Case and Plaintiff M68/2015 v Minister for Immigration. Always `much more than a casebook' as Sir Anthony Mason said of a previous edition, the book also presents carefully selected extracts from a broad range of writers and commentators. As the reviewer for the Law Institute Journal said of the most recent edition, this book is `a great resource for practitioners wanting an authoritative guide to Australian constitutional law' and a `must-have for law students who would like more depth of analysis'. (source: Nielsen Book Data) 9781760021511 20181008

Since the first edition published in 2014, the area of Commonwealth criminal law has continued to expand and evolve, particularly in the areas of terrorism, drug importation and sentencing. This second edition has been extensively revised and updated to reflect these legislative changes as well as recent case law. In particular, chapters dealing with child exploitation by way of online pornography and abuse, and counter-terrorism (now referred to as `Security of the Commonwealth') have been significantly overhauled, and the chapter on sentencing includes more recent sentencing practices and guidelines. This second edition continues to cover wide-ranging areas of Commonwealth criminal law, including corporate crime, social security and tax fraud, money laundering, drug offences and offences involving the internet and terrorism. It also deals with the special Commonwealth sentencing provisions provided for by the Crimes Act 1914 (Cth) and analyses how criminal liability for such offences must be proved under the Criminal Code (Cth). This edition is designed for practitioners and students alike. (source: Nielsen Book Data) 9781760021801 20181112

When Australians today debate how to achieve a just postcolonial relationship with the First Peoples of the continent, they typically do so using the language of `constitutional recognition'. The idea of constitutional recognition has become the subject of community forums and nationwide inquiries, street protests and prime ministerial speeches. The author's book provides the first comprehensive study of Indigenous constitutional recognition in Australia. Offering more than a legal analysis, the author places the idea of constitutional recognition into a broader historical and theoretical perspective. After recounting the history of Australian debates on Indigenous recognition, the book presents an account that views constitutional recognition in terms of Indigenous peoples' struggles to have their identities respected within the settler constitutional order. When studied in this way, constitutional recognition emerges not as a postcolonial endpoint but as an ongoing process of renegotiating the basic Indigenous-settler political relationship. With First Peoples continuing to press for the recognition of their sovereignty and peoplehood, this book will be a definitive reference point for scholars, advocates, policy-makers and the interested public. (source: Nielsen Book Data) 9781760021818 20190121

Contemporary Australian Corporate Law provides an authoritative, contextual and critical analysis of Australian corporate and financial markets law, designed to engage today's LL.B. and JD students. Written by leading corporate law scholars, the text provides a number of features including: a well-structured presentation of topics for Australian corporate law courses, consistent application of theory with discussion of corporate law principles (both theoretical and historical), comprehensive discussion of case law with modern examples, and integration of corporate law and corporate governance, all with clarity, insight and technical excellence. Central concepts are enhanced with dynamic and relevant discussions of corporate law in context, including debates relating to the role of corporations in society, the global convergence of corporate law as well as corporations and human rights. Exploring the social, political and economic forces which shape modern corporations law, Contemporary Australian Corporate Law encourages a forward-thinking approach to understanding key concepts within the field. (source: Nielsen Book Data) 9781316628270 20180521

What do constitutional interpretation and legal education have in common? For one thing, they share the same tension between theory and practice, between form and substance, between process and outcomes, between constancy and change, and between local and comparative perspectives. Each also has a substratum of fundamental underlying values that demand, but do not always receive, clear articulation. From the gripping story of the revolution that swept away the old law on section 92 of the Constitution, to the endemic conflict in the judicial process between legalism and realism, to the never-ending controversy about the Dismissal, to perceiving the world and organising legal knowledge in new ways through biography and oral history, to the role of educators in shaping the views and values of newcomers to this knowledge, this book contains over a dozen sparkling essays by some of Australia's most renowned and respected lawyers, as well as a substantial reflective commentary by Michael Coper himself. (source: Nielsen Book Data) 9781760021627 20180702

Habeas corpus and the vulnerable : children, mental patients and the elderly

Standing and representation

The grounds of review

Territorial limits

Habeas corpus and emergencies

Practice and procedure.

The second edition of this text includes all new material on Habeas Corpus and brings the subject up to date given the very large number of changes that have occurred since the first edition published in 2000. The main changes include: 1. The enactment of the Habeas Corpus Act 2001 (NZ) and the large body of case law that has ensued. 2. The change in nearly all of the relevant rules of court for almost every jurisdiction. 3. Important shifts in the areas in which habeas corpus operates: 4. While the first edition stressed the origins of the remedy and the older cases, the new edition retains some of this, but the cases since 2000 are given priority. 5. A significant increase in materials now available from Pacific Island jurisdictions. 6. Some material from outside the jurisdictions covered is included for contrast and for important points not yet taken in the jurisdictions listed below that are the subject of this book. (source: Nielsen Book Data) 9781760021832 20190128

This insightful, rewarding and highly readable volume is a generous selection of the best of Dyson Heydon's speeches and papers. Most have a legal theme, although the book is of broader interest. As the Hon Ian Callinan observes in his foreword, in these papers the author "combines the arts of the essayist, historian, orator, obituarist, reviewer, critic, teacher and advocate". The Honourable J D Heydon AC QC was a Rhodes Scholar for New South Wales, elected Dean of the University of Sydney Law School (aged 34), practised as a barrister (including as Queen's Counsel after practising as a junior for a mere 8 years), before being appointed a Judge of Appeal and Justice of the High Court. He was the Commissioner of the Royal Commission into Trade Union Governance and Corruption in 2014-2015. "Any reader of the Papers will be struck by the depth and width of the author's scholarship. There is not one of the Papers that is not rich in unaffected literary, historical and legal allusion. They are a mine of interesting facts and intelligent fresh insights" (from the Foreword by Ian Callinan). From the Book Launch, 15 August 2018: The Hon Tom Bathurst AC, Chief Justice of the Supreme Court of New South Wales "There is much to say about Dyson Heydon's achievements to date. This is attested to not just by the 800 pages comprising this book, but the fact that it represents a mere drop in the ocean of legal writing that Dyson has contributed both to this country and abroad. ... To put it simply, this book stands out because of the breadth of the subjects the author has covered, and most extraordinarily, the depth to which he covers them. It reveals unparalleled ability in innumerable subjects including criminal, constitutional and comparative law. It also shows his ability to reflect deeply on the lives, habits and peculiarities of others, manifesting an understanding not just of the law, but of people - which some might say is a rare phenomenon in a lawyer." Read Launch Speech... Mr Rodney Cavalier AO "Each chapter is devoted in good measure to a love of words - composing and arranging, sometimes meandering into tangents characteristic of an address, but always driving the thesis with purpose. The register does not matter: speaking, writing, conversation, advocacy, dissertation, book, chapter, judgment, letter. Whimsy or solemn. Dyson loves words. For that reason, he loves books (every element of them) and he loves the private library, the essential statement of a thinking person. What he admires is not secret, they permeate the consideration of every profile, living and dead - writing and scholarship, proficiency in other languages, war service, assuming leadership." Read Launch Speech... (source: Nielsen Book Data) 9781760021764 20181210

Historiography and the history of Australian private law in the first half of the twentieth century : Et in Arcadia ego?

Avoiding and interpreting 'refinements of English law' : defamation in Australia 1901-1945

Politics, politicians, the press and the law of defamation

Negligence and the boundaries of liability : liability for acts of third parties

Negligence and the vexing question of shock-induced harm

Negligence and the boundaries of liability : government and quasi-government liability

In defence of king and country

Environment and Australian tort law : the problem of fire and weeds

Sport and recreation : tort law and the national pastime 1901-1945

Conclusion.

Little attention has been paid to the development of Australian private law throughout the first half of the twentieth century. Using the law of tort as an example, Mark Lunney argues that Australian contributions to common law development need to be viewed in the context of the British race patriotism that characterised the intellectual and cultural milieu of Australian legal practitioners. Using not only primary legal materials but also newspapers and other secondary sources, he traces Australian developments to what Australian lawyers viewed as British common law. The interaction between formal legal doctrine and the wider Australian contexts in which that doctrine applied provided considerable opportunities for nuanced innovation in both the legal rules themselves and in their application. This book will be of interest to both lawyers and historians keen to see how notions of Australian identity have contributed to the development of an Australian law. (source: Nielsen Book Data) 9781108423311 20181001

"[This book provides an] introduction to the study of law. Essential foundation topics covered include Australia’s legal system and sources of law while discussion of current issues highlights the context in which our legal system operates and the role and responsibilities of the legal profession."-- Publisher's website.

The emergence of international human rights law and the end of the White Australia immigration policy were events of great historical moment. Yet, they were not harbingers of a new dawn in migration law. This book argues that this is because migration law in Australia is best understood as part of a longer jurisprudential tradition in which certain political-economic interests have shaped the relationship between the foreigner and the sovereign. Eve Lester explores how this relationship has been wrought by a political-economic desire to regulate race and labour; a desire that has produced the claim that there exists an absolute sovereign right to exclude or condition the entry and stay of foreigners. Lester calls this putative right a discourse of 'absolute sovereignty'. She argues that 'absolute sovereignty' talk continues to be a driver of migration lawmaking, shaping the foreigner-sovereign relation and making thinkable some of the world's harshest asylum policies. (source: Nielsen Book Data) 9781107173279 20180618

The history and objectives of unilateral conduct legislation in Australia

A comparative analysis of profit-focused tests for unilateral anticompetitive conduct

A comparative analysis of effects-based tests for unilateral anticompetitive conduct

The role of purpose in unilateral conduct standards.

Laws prohibiting unilateral anticompetitive conduct have been the subject of vigorous international debate for decades, as policymakers, antitrust scholars and agencies continue to disagree over how best to regulate the market conduct of a single firm with substantial market power. Katharine Kemp describes the controversy over Australia's misuse of market power laws in recent years, which mirrored the international debate in this sphere, and culminated in the fundamental reform of the misuse of market power prohibition under the Competition and Consumer Act 2010 (Cth) in 2017. Misuse of Market Power: Rationale and Reform explains Australia's new misuse of market power law, which adopts an 'effects-based test' for unilateral conduct, and makes a comparative analysis between Australian tests for unilateral anticompetitive conduct and tests from the US and the EU. This text also illuminates the frequently mentioned, but little understood, concept of 'purpose' and its role in framing unilateral conduct standards. (source: Nielsen Book Data) 9781107184763 20181119

PART I: FOUNDATIONS-- PART II: CONSTITUTIONAL DOMAIN-- PART III: THEMES-- PART IV: PRACTICE AND PROCESS-- PART V: SEPARATION OF POWERS-- PART IV: FEDERALISM-- PART VII: RIGHTS.

(source: Nielsen Book Data)

Constitutional law provides the legal framework for the Australian political and legal systems, and thus touches almost every aspect of Australian life. The Handbook offers a critical analysis of some of the most significant aspects of Australian constitutional arrangements, setting them against the historical, legal, political, and social contexts in which Australia's constitutional system has developed. It takes care to highlight the distinctive features of the Australian constitutional system by placing the Australian system, where possible, in global perspective. The chapters of the Handbook are arranged in seven thematically-grouped parts. The first, 'Foundations', deals with aspects of Australian history which have influenced constitutional arrangements. The second, 'Constitutional Domain', addresses the interaction between the constitution and other relevant legal systems and orders, including the common law, international law, and state constitutions. The third, 'Themes', identifies themes of special constitutional significance, including the legitimacy of the constitution, citizenship, and republicanism. The fourth, 'Practice and Process', deals with practical issues relevant to constitutional litigation, including the processes, techniques, and authority of the High Court of Australia. The final three parts deal with the structural building blocks of the Australian Constitutional system: 'Separation of Powers', 'Federalism', and the 'Protection of Rights.' Written by a team of experts drawn from academia and practice, the Handbook provides Australian and international readers alike with a reliable source of knowledge, understanding, and insight into the Australian Constitution. (source: Nielsen Book Data) 9780198738435 20180820

Migration policing experiments such as boat turn-backs and offshore refugee processing have been criticised as unlawful and have been characterised as exceptional. Policing Undocumented Migrants explores the extraordinarily routine, powerful, and above all lawful practices engaged in policing status within state territory. This book reveals how the everyday violence of migration law is activated by making people `illegal'. It explains how undocumented migrants are marginalised through the broad discretion underpinning existing frameworks of legal responsibility for migration policing. Drawing on interviews with people with lived experience of undocumented status within Australia, perspectives from advocates, detailed analysis of legislation, case law and policy, this book provides an in-depth account of the experiences and legal regulation of undocumented migrants within Australia. Case studies of street policing, immigration raids, transitions in legal status such as release from immigration detention, and character based visa determination challenge conventional binaries in migration analysis between the citizen and non-citizen and between lawful and unlawful status. By showing the organised and central role of discretionary legal authority in policing status, this book proposes a new perspective through which responsibility for migration legal practices can be better understood and evaluated. Policing Undocumented Migrants will be of interest to scholars and practitioners working in the areas of criminology, criminal law, immigration law and border studies. (source: Nielsen Book Data) 9781472435019 20180205

This book provides a clear and concise account of the main principles of administrative law. It sets those principles in historical, comparative and constitutional perspective. Principles of Administrative Law guides the reader through the complexities of the current law and provides an account of how it developed and where it might go in the years to come. This book tells not only what administrative law is but also what it is about. Unlike a traditional textbook, Principles of Administrative Law offers an uncluttered statement of the essentials of the subject. Unlike an 'outline' or 'introduction', however, it uses this statement of the basics as the foundation for an exploration of the law's origins and conceptual foundations and of its institutional and constitutional context. In addition, it covers various important topics not found in other administrative law books for students. It is a significant addition to the literature on Australian administrative law, and meets a real need for a short book that is both broad and deep in its treatment of this increasingly topical area of law. (source: Nielsen Book Data) 9780190305246 20180806

Neither Indigenous nor white, Shireen Morris is both outside observer and inside player in the fight for Indigenous rights. Framed by her family's Indian and Fijian migrant story, Morris gives a personal perspective on what many consider the greatest moral challenge of our nation: constitutional recognition of Indigenous Australians. She reveals the behind-the-scenes action of working with powerful Indigenous advocates, helpful (and unhelpful) lawyers, unlikely conservative allies and infuriating politiciansa "the wins, disappointments and, ultimately, the betrayals that led to the Turnbull government's heartbreaking rejection of the Uluru Statement from the Heart. Radical Heart is a challenge for all Australians to dream together of a fairer future, and work as one to make it happen. (source: Nielsen Book Data) 9780522873573 20181217

Governing the freshwater commons : lessons from application of the trilogy of governance tools in Australia and the western United States / Barbara Cosens.

This book identifies the most effective water policy tools and innovations, and the circumstances that foster their successful implementation by taking a comparative look at a world-leading `laboratory' of water law and governance: Australia. In particular, the book analyses Australia's 20-year experience implementing a hybrid governance system of markets, hierarchical regulation, and collaborative integrated water planning. Australia is acknowledged as a world leader in water governance reform, and an examination of its relatively mature water law and governance system has great significance for many international academics and jurisdictions. This book synthesises practical lessons and theoretical insights from Australia, as well as recommendations from comparative analysis with countries such as the United States to provide useful guidance for policymakers and scholars seeking to apply water instruments in a wide range of policy contexts. The book also advances our understanding of water and broader environmental governance theory and is a valuable reference for scholars, researchers and students working in law, regulation and governance studies - especially in the field of water and environmental law. (source: Nielsen Book Data) 9789811089763 20181008